Delegated regulation 2018/1100 - Amendment of the Annex to Council Regulation (EC) No 2271/96 protecting against the effects of extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom - Main contents
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official title
Commission Delegated Regulation (EU) 2018/1100 of 6 June 2018 amending the Annex to Council Regulation (EC) No 2271/96 protecting against the effects of extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom| Legal instrument | delegated regulation |
|---|---|
| Number legal act | Delegated regulation 2018/1100 |
| CELEX number i | 32018R1100 |
| Document | 06-06-2018; Date of adoption |
|---|---|
| Publication in Official Journal | 07-08-2018; OJ L 199I , 7.8.2018, p. 1–6 |
| Effect | 07-08-2018; Entry into force Date pub. See Art 2 |
| End of validity | 31-12-9999 |
7.8.2018 |
EN |
Official Journal of the European Union |
LI 199/1 |
COMMISSION DELEGATED REGULATION (EU) 2018/1100
of 6 June 2018
amending the Annex to Council Regulation (EC) No 2271/96 protecting against the effects of extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (1), and in particular the second paragraph of Article 1 thereof,
Whereas:
(1) |
Regulation (EC) No 2271/96 counteracts the effects of the extra-territorial application of laws, including regulations and other legislative instruments adopted by third countries, and of actions based thereon or resulting therefrom, where such application affects the interests of natural and legal persons in the Union engaging in international trade and/or the movement of capital and related commercial activities between the Union and third countries. |
(2) |
The Regulation acknowledges that by their extra-territorial application, such instruments violate international law. |
(3) |
The third-country instruments to which Regulation (EC) No 2271/96 applies are specified in the Annex to that Regulation. |
(4) |
On 8 May 2018, the United States announced they will no longer waive their national restrictive measures relating to Iran. Some of those measures have extra-territorial application and cause adverse effects on the interests of the Union and the interests of natural and legal persons exercising rights under the Treaty on the Functioning of the European Union. |
(5) |
The Annex to the Regulation should therefore be amended to include those restrictive measures, |
HAS ADOPTED THIS REGULATION:
Article 1
The Annex to Regulation (EC) No 2271/96 is replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 June 2018.
For the Commission
The President
Jean-Claude JUNCKER
ANNEX
LAWS, REGULATIONS AND OTHER LEGISLATIVE INSTRUMENTS
Note: The main provisions of the instruments contained in this Annex are summarised only for information purposes. The full overview of provisions and their exact content can be found in the relevant instruments.
COUNTRY: UNITED STATES OF AMERICA
ACTS
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1.‘National Defense Authorization Act for Fiscal Year 1993’, Title XVII ‘Cuban Democracy Act 1992’, sections 1704 and 1706
Required compliance:
The requirements are consolidated in Title I of the ‘Cuban Liberty and Democratic Solidarity Act of 1996’, see below.
Possible damages to EU interests:
The liabilities incurred are now incorporated within the ‘Cuban Liberty and Democratic Solidarity Act of 1996’, see below.
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2.‘Cuban Liberty and Democratic Solidarity Act of 1996’
Title I
Required compliance:
To comply with the economic and financial embargo concerning Cuba by the USA, by, inter alia, not exporting to the USA any goods or services of Cuban origin or containing materials or goods originating in Cuba either directly or through third countries, dealing in merchandise that is or has been located in or transported from or through Cuba, re-exporting to the USA sugar originating in Cuba without notification by the competent national authority of the exporter or importing into the USA sugar products without assurance that those products are not...
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